CHAPTER 1: ADMINISTRATIVE OPERATIONS

(cite as Neb. Ct. R. §, unless otherwise noted)

Article 1: Adoption, Amendment, and Repeal of Supreme Court Rules

§ 1-101. Statement of purpose.

These guidelines are intended to aid the Supreme Court in the process of evaluation and enactment of Supreme Court rules and other necessary rules covering the practice of law and the administration of the judicial system.

§ 1-101 amended February 11, 2009, effective March 1, 2009.

§ 1-102. Definitions.

In this rule, unless the context or subject matter otherwise requires:

(B) "Miscellaneous Supreme Court Rules" refer to Supreme Court rules, other than the codified Nebraska Court Rules referred to above, guidelines, policies, and best practices and amendments thereto, which are of general application relating to the operation of the judicial system and subject to the approval of the Nebraska Supreme Court.

(C) "External Rules" refer to rules and rule amendments of other courts, commissions, or entities which are subject to the approval of the Nebraska Supreme Court.

§ 1-103. Rules consideration.

(A) Requests to consider the creation, amendment, or repeal of any rule as defined by § 1-102(A), (B), or (C) may be initiated by action of the Supreme Court or by any interested party, unless an existing rule contains specific language providing for procedure for amendment. Such request shall be submitted to the Clerk of the Supreme Court. The new rule or amendment shall be submitted, as a document separate from the request, both in writing and in an electronic format as an attachment to the following e-mail address, jill.machacek@nebraska.gov, and shall be in a Microsoft Word compatible format. Any language that creates a rule or is to be added to a rule shall be underscored, and any language to be deleted from a rule shall be overstruck. Any request submitted to the Clerk shall be rejected by that office and returned to the requesting party if it fails to comply with the requirements set forth above.

(B) The Supreme Court may:

(1) accept or approve the request and send it to the Reporter of Decisions for editing and formatting and subsequent resubmission to the Court for approval or adoption,

(2) deny the request, or

(3) defer action pending:

(a) additional comment from requestor,

(b) comment from staff or committee, or

(c) a formal written comment period.

(C) In the case of deferral pending a formal written comment period, notification of the pending rule amendments and solicitation of comment may be made in any publication(s) deemed advisable by the Supreme Court and notification of the pending rules requests and solicitations for comments may also be provided, as directed by the Court, to those identified as having a potential interest.

Any formal written comment period shall be for the period of time specified by the Court in such notification.

(D) At the completion of the comment period established above, the Court may accept, reject, or modify the rules request under discussion; the Court may request further written comment as provided in § 1-103(C) of this rule; or the Court may on its own motion or on the request of an interested party hold a public hearing on the rule amendment sought.

(E) If the Supreme Court determines to hold a public hearing on a proposed rule amendment, notification shall be given in the same manner as specified by § 1-103(C) of this rule. Such notification shall also contain the time and place scheduled for the hearing and the method by which the entire proposed rule amendment can be secured.

(F) Upon completion of the procedures set forth in above § 1-103(C), (D), and (E), and prior to Supreme Court consideration for initial acceptance or approval, such rule or amendment shall, unless otherwise directed by the Court, be reviewed by the Supreme Court Staff Attorney for any comments or recommendations to the Court. Upon report by the Staff Attorney and consideration of all other relevant materials, the Court shall accept, approve, or deny the requested rule or amendment or take further action as it deems appropriate.

After Court approval of a new rule or amendment to the "Official Supreme Court Rules," the approved rule or revision shall be forwarded to the Reporter of Decisions Office for editing and formatting. The Reporter shall thereafter return the edited and formatted version of the rule or amendment to the Court for final adoption.

After Court acceptance of any new rule or amendment to any "Miscellaneous Supreme Court Rules" or "External Rules," the accepted version shall be forwarded to the Reporter of Decisions Office for editing and formatting. The Reporter of Decisions shall thereafter return the edited and formatted version of the rule or amendment to the Court for final approval.

§ 1-104. Rules publication and distribution.

(A) After adoption or approval by the Court of any new rule or amendment in the "Official Supreme Court Rules," "Miscellaneous Supreme Court Rules," or "External Rules," the Reporter of Decisions Office shall make changes to the rules as maintained on the Supreme Court's website. "Official Supreme Court Rules," as well as local court rules and Workers' Compensation Court rules within the "External Rules," recent amendments to such rules, and proposed amendments pending for comment, shall be available on the Supreme Court’s website at http://www.supremecourt.ne.gov/rules/. Any person requesting a complete or partial printed copy of the Court’s rules from the Clerk of the Supreme Court may be charged a fee as established by the Supreme Court and postage required for mailing such rules.

(B) All new rules or amendments to the "Official Supreme Court Rules," except for minor grammatical or editorial changes, shall be published in the Nebraska Advance Sheets for 2 consecutive weeks. All new rules or amendments to "External Rules" shall be published in the Nebraska Advance Sheets for 1 week. New rules or amendments to any "Miscellaneous Supreme Court Rules" may be published as directed by the Court.

(A) The purpose of §§ 1-201 through 1-219 is to provide for the appointment of court reporting personnel, as defined in § 1-204(A)(1), to perform the duties required by Nebraska Supreme Court rules for the recording and preservation of evidence and preparation of bills of exceptions in all cases in the district and separate juvenile courts. As set forth below, court reporting personnel shall be appointed, designated, or in accordance with these rules contracted with, by a judge of the district or separate juvenile court to perform the duties required by these rules and all other Nebraska Supreme Court rules relating to the making, preserving, transcribing, and delivery of court records.

(1) Appointment of official court reporters. Except as otherwise ordered or directed by the Nebraska Supreme Court, a judge of the district and separate juvenile court may appoint or, with approval from the State Court Administrator, may contract with one official court reporter to make, preserve, transcribe, and deliver the record of the trial and other proceedings over which said judge presides. Such an official court reporter is an at-will employee of the Nebraska Supreme Court, subject to the Court’s general administrative authority pursuant to art. V, § 1, of the Nebraska Constitution, and serves at the pleasure of the appointing judge and the Nebraska Supreme Court, unless otherwise discharged from employment as provided in § 1-204(D).

(2) Appointment of courtroom clerks. A judge of the district court and separate juvenile court may appoint a courtroom clerk to make, preserve, and deliver the record of the trial and other proceedings over which said judge presides using digital recording equipment provided by the Administrative Office of the Courts. Such courtroom clerk is subject to the general administrative authority of the Nebraska Supreme Court pursuant to art. V, § 1, of the Nebraska Constitution, works under the direction of the appointing judge and State Court Administrator, and is subject to the Nebraska Supreme Court Personnel Policies & Procedures. The provisions of § 1-201(A)(2) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

(3) Designating other court personnel to act as court reporting personnel. In his or her discretion, a judge opting to use digital recording equipment in his or her courtroom to make and preserve the record of a trial and other proceedings may, temporarily under § 1-213 or in lieu of appointing a courtroom clerk under § 1-201(A)(2), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of a courtroom clerk. The provisions of § 1-201(A)(3) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

(B) Except as otherwise provided herein, if the office of the appointing judge is vacated, and the Judicial Resources Commission declares that a judicial vacancy exists in the affected district, the official court reporter or courtroom clerk may continue in that position until either reappointment by a successor judge or the appointment of replacement court reporting personnel.

(C) If the office of the appointing judge is vacated and the Judicial Resources Commission determines that a judicial vacancy does not exist in the affected district, the official court reporter or courtroom clerk in such district shall vacate that position 90 days from the date of such determination by the commission.

§ 1-202. Oath of office.

Court reporting personnel shall take the oath of office provided for judicial officers.

§ 1-202 amended June 9, 2010.

§ 1-203. Duties of court reporting personnel.

Court reporting personnel are charged with a duty to comply with any Nebraska Supreme Court rule relating to official court reporters and courtroom clerks and, in accordance with the specific terms of such employment and qualifications, with the duty of making, preserving, transcribing, and/or delivering a verbatim record of all proceedings in the court to which they are appointed in accordance with Neb. Ct. R. App. P. § 2‑105. Except as otherwise directed by the State Court Administrator, all digital recordings made by courtroom clerks or other court personnel as defined in § 1-204(A)(4) shall be outsourced for transcription to privately contracted court transcribers who shall meet the minimum qualifications set forth in § 1-204(B)(2). Failure to comply with court rules may result in disciplinary action, including termination, by either the appointing judge or the Nebraska Supreme Court. In addition, court reporting personnel shall perform any other duties assigned by the appointing judge and shall, in accordance with the specific terms of such employment and qualifications:

(A) On order of the trial judge, make or have made and file in the clerk's office a typewritten transcription of any trial or proceedings, or any part thereof, without expense to any party to the suit; such transcription shall be a part of the records in the case. An official court reporter or privately contracted court transcriber shall receive from the appropriate governmental unit the compensation specified below in § 1-219 for any such transcription ordered by a judge.

(B) Upon request of counsel or any party to a suit, furnish to such counsel or party, as expeditiously as possible, a typewritten transcription of any trial or proceedings, or any portion thereof. An official court reporter or privately contracted court transcriber shall receive the compensation specified below in § 1-219 for any such transcription, except that when expedited, daily, or real-time delivery is requested, the official court reporter or privately contracted court transcriber and the requesting party may mutually agree to an amount to be paid for delivery of such transcription. Counsel or any party shall make satisfactory arrangements with the official court reporter or privately contracted court transcriber for payment. All work of an official court reporter involved with the preparation of such transcription shall be considered freelance activity subject to § 1-211.

(C) Upon request of any person not a party to a suit, if so approved by the trial judge, furnish to such person or have prepared for such person, as expeditiously as possible, a typewritten transcription of any trial or proceedings, or any portion thereof. All work of an official court reporter involved with the preparation of such transcription shall be considered freelance activity subject to § 1-211. The compensation and payment therefor shall be as prescribed in § 1-203(B).

(D) All verbatim transcriptions shall be certified by the person responsible for preparation of the verbatim transcription or the presiding judge to be true and correct.

§ 1-204. General qualifications and definitions.

(A)(1) Court reporting personnel. Court reporting personnel shall include official court reporters, courtroom clerks, and other court personnel as defined in § 1-204(A)(4) who, in whole or in part according to the terms of their employment, make, preserve, transcribe, and deliver the record of any trial and other proceeding in any district or separate juvenile court of Nebraska.

(2) Official court reporter. An official court reporter shall be competent in the making, preserving, transcribing, and delivery of a verbatim record of trial and other proceedings through the use of either pen or machine shorthand or the use of multi-track recorders supplemented by logging procedures. An official court reporter shall meet all of the qualifications set forth in § 1-204(B)(1) and (2).

(3) Courtroom clerk. A courtroom clerk shall be an individual employed by the court to record testimony by the use of digital recording equipment supplemented by logging procedures. A courtroom clerk shall be competent in the making and preserving of a verbatim record of a trial and other proceedings and shall meet the qualifications set forth in § 1-204(E).

(4) Other court personnel. For purposes of these rules, “other court personnel” shall mean persons employed within the Nebraska court system who are under the control or supervision of the Nebraska Supreme Court or the designating judge and who have been trained in the use of digital recording equipment and meet the qualifications set forth in § 1-204(E).

(B)(1) One's professional competence to serve as an official court reporter shall be demonstrated by having passed an examination conducted by such entities as the State Court Administrator may from time to time designate, which tests one's reporting skills and knowledge of spelling, grammar, and the reporting craft. The skills portion of the examination shall require the reporter, in the case of one using pen or machine shorthand, to report and transcribe, and in the case of one using a multi-track recorder to record and transcribe, each of three items of dictation consisting of (i) literary material, (ii) jury instructions, and (iii) two-voice testimony. Each dictation segment shall be of 5 minutes duration. In the case of one using pen or machine shorthand, the literary material must be reported at a rate of not less than 180 words per minute, the jury charge at not less than 200 words per minute, and the two-voice testimony at not less than 225 words per minute.

(2) All of the dictated material must be transcribed with 95 percent accuracy in a period of not more than 3½ hours, during which time a dictionary may be used. In grading this portion of the test, a maximum of 45 errors is permitted on the literary material, a maximum of 50 errors is permitted on the jury charge, and a maximum of 57 errors is permitted on the two-voice testimony. The knowledge portion of the examination shall consist of not less than 100 written multiple-choice questions and must be passed with a score of not less than 70 percent in a period of time as determined by the examiner, but no more than 90 minutes per 100 questions. A dictionary may not be used during this portion of the examination.

(C) No applicant for a position as an official court reporter may hereafter be initially appointed or reappointed following the taking of office by a judge succeeding the judge making the initial appointment unless the applicant shall first have met the above testing requirements.

(D) After employment, an official court reporter may be required to undergo reexamination through testing substantially similar to that described in § 1-204(B) any time upon the request of the appointing judge, the Nebraska Court of Appeals, or the Nebraska Supreme Court. Failure to pass the reexamination shall constitute cause for the immediate discharge of the official court reporter from employment.

(E) One’s professional competence to serve as a courtroom clerk shall be demonstrated by the following minimum criteria and competency requirements:

(1) successful completion of training on use and maintenance of digital recording equipment;

(2) ability to promptly diagnose and correct routine malfunctions;

(3) proficiency in note taking and logging procedures;

(4) knowledge of courtroom procedures and legal vocabulary; and

(5) knowledge of the proper admission of exhibits to be included in the bill of exceptions.

(F) After employment, the courtroom clerk may be required to undergo a competency evaluation based on the criteria found in § 1-204(E) at any time upon the request of the judge, the Nebraska Court of Appeals, or the Nebraska Supreme Court. Failure to meet such competency criteria shall constitute cause for action pursuant to the Nebraska Supreme Court Personnel Policies & Procedures.

Each judge, in a district where the judge and official court reporter or courtroom clerk do not reside in the same county, shall designate, if a multicounty district, a courthouse in the judicial district to serve as the principal office location for the judge and a courthouse in the judicial district to serve as the principal office location for the court reporting personnel.

§ 1-206 amended June 9, 2010.

§ 1-207. Assignment of court reporting personnel.

(A) All court reporting personnel may be assigned by the State Court Administrator to perform duties on a temporary basis in any court in the state.

(B) Any court reporting personnel assigned on a temporary basis pursuant to § 1-207(A) shall receive, in addition to a regular salary, reimbursement for all necessary and actual expenses incurred, in conformance with the travel policies of the Administrative Office of the Courts. Mileage in such instances will be paid to and from the place of residence of the assigned court reporting personnel.

Unless otherwise directed by the appointing judge, court reporting personnel shall serve as such in all matters heard by another judge when acting in place of the appointing judge, and shall perform in relation to such matters all the duties required by law or these rules.

§ 1-208 amended June 9, 2010.

§ 1-209. Reimbursement for travel expenses.

Court reporting personnel shall be reimbursed for actual and necessary expenses incurred in the performance of official duties. Reimbursement shall be in accordance with the travel policies of the Administrative Office of the Courts.

§ 1-209 amended June 9, 2010.

§ 1-210. Custody of trial records and documents.

(A) All shorthand notes, tape recordings, log sheets, or any other material used in making the record in court shall be the property of the trial court and shall, unless otherwise ordered or directed by the judge for whom the record is made, remain in the custody of the court reporting personnel responsible for making such record until such time as that person's employment is terminated, or until disabled or incapacitated. Upon the occurrence of any of the above, control of all such materials shall then be transferred to the clerk of the district court. All notes of court reporting personnel shall be marked on the first page with the name of court reporting personnel, date(s) of proceedings, case title(s), docket number(s), and "Criminal" if criminal cases were reported. Notes which contain criminal cases are to be separated and stored in separate filing equipment or storage boxes. Containers for permanent storage shall be marked with the year, type of notes (criminal or civil), and name of the court reporting personnel responsible for making such record. Court reporting personnel may, with the approval of the clerk of the district court, transfer permanent storage containers to the clerk of the district court at any time. Responsibility for the retrieval, research, and refiling of the notes contained in the storage files shall lie with such court reporting personnel or successor(s). Custody of any such materials may be assumed at any time by the judge in the event of failure on the part of the court reporting personnel to properly carry out duties as required by law, court rule, or direction of the appointing judge.

(B) Except as it shall become necessary to include exhibits in bills of exceptions being prepared in connection with appeals to the Nebraska Supreme Court or Court of Appeals, all exhibits shall be retained by the court reporting personnel responsible for custody of the record until a matter is terminated, at which time responsibility for the safekeeping of such exhibits shall pass to the clerk of the district court, unless otherwise ordered by a district judge pursuant to law. Likewise, the responsibility for the safekeeping of all exhibits shall pass to the clerk of the district court upon termination of employment of the court reporting personnel for whatever reason.

(C) Upon the transfer of responsibility for the safekeeping of exhibits from the court reporting personnel to the clerk of the district court, the court reporting personnel shall ensure that all exhibits in each case are grouped together and shall state thereon the caption of the case, docket and page or case number, the date or dates of the trial or proceedings, and the name of the reporter or courtroom clerk. The court reporting personnel shall prepare in each case, for the signature of the clerk of the district court, a receipt acknowledging responsibility for the safekeeping of such materials. The original of the receipt shall be retained by the clerk.

§ 1-210 amended June 9, 2010.

§ 1-211. Freelance activities of official court reporters.

(A) Freelance reporting activities shall mean the reporting or transcription by an official court reporter of oral statements or proceedings of any nature whatsoever, other than those required by these rules, those specifically requested by the judge who appointed the reporter, or for said judge's substitute, or by the State Court Administrator.

(B) Except as provided for by these rules, an official court reporter may engage in freelance reporting activities during normal working hours if, and only if, the reporter takes leave without pay and said activities are determined by the judge who appointed the reporter to be in the interest of the public, provided, however:

(1) The taking of leave without pay shall not be required if the freelance activity occurs during a reporter's lunch hour, while the reporter is on vacation leave, or while the reporter is taking compensatory time off.

(2) Freelance reporting activities shall not be performed during any period in which the reporter is granted an extension to complete and file a bill of exceptions except for those activities related to the specific bill of exceptions for which the extension has been granted.

(3)(i) Freelance reporting activities shall not be performed when the presence of the official court reporter is required by these rules, by the judge who appointed the reporter, by said judge's substitute, or by a judge to whom the reporter has been assigned by the State Court Administrator except, however, transcription described in § 1-203(B) or (C) may be performed during this time if the appointing judge or judge's substitute determines such transcription is in the best interests of the public, and the time spent at such transcription is not in conflict with any other duties of the official court reporter.

(ii) If the reporter's full-time presence is not required by the appointing judge or judge's substitute during normal working hours, the reporter may, without taking leave without pay, engage in transcription described in § 1-203(B) or (C) only.

(C) All other outside employment during normal working hours is prohibited.

(D) An official court reporter shall neither provide nor cause to be provided any public office space to any of the reporter's employees or associates.

(E) An official court reporter shall not use any publicly-owned supplies or equipment in connection with any freelance reporting activity. Provided, however, that permission to utilize state-owned equipment for purposes outside the scope of official court reporting duties may be given by the Nebraska Supreme Court if: (1) the equipment is to be used for purposes of recording proceedings of other public entities; (2) operation of the recording equipment by the reporter will not be during working hours nor in any other way interfere with the reporter's official responsibilities; and (3) payment of $10 to the State of Nebraska, through the office of the State Court Administrator, is made from any such public entity for each day or any part thereof that the equipment is used.

(F) All leave without pay taken for the purpose of engaging in freelance activity shall be recorded on the monthly timesheet. The amount of income and the leave earnings on the following month's paycheck shall be adjusted to reflect any time recorded on the timesheet as leave without pay. Hours spent in transcription preparation under § 1-211(B)(3) during normal working hours shall be recorded on the monthly timesheet as prescribed by the Office of the State Court Administrator.

(G) An official court reporter shall not be eligible for injury leave or workers' compensation benefits for injury sustained while on leave without pay.

(H) An official court reporter shall not evade the provisions of this rule by employing a substitute court reporter to perform any official duty.

§ 1-212. Employment of substitute reporter; alternative substitute.

(A) In the event of illness or disability of an official court reporter, and where it would appear to not be practical or feasible to reassign another official court reporter on a temporary basis, the judge of the ill or disabled reporter, with the approval of the State Court Administrator, may designate a reporter having passed an examination at least as stringent as that described in § 1-204(B)(1) and (2) to act as a substitute reporter, at state expense.

(B) The preparation of any bill of exceptions or transcript by any such substitute reporter shall be subject to the same rules and regulations as those governing permanently employed official reporters.

(C) Payment to such temporarily employed substitute reporter shall be on a per diem basis, and payment will be made only for the actual days such substitute reporter was required by the judge to be in attendance upon the court. Per diem payment may not be in excess of that figure which the ill or disabled reporter's gross monthly salary amounts to if computed on a per diem basis.

(D) No substitute reporter shall be entitled to sick leave or any other benefits ordinarily available to the official court reporter for whom he or she is substituting.

(E) Actual and necessary expenses, including mileage reimbursement, shall be paid to such substitute reporter under the same terms and conditions as those payments are then being made to the official court reporter for whom he or she is substituting.

(F) Any additional reimbursements to a substitute reporter may only be made with the prior approval of the State Court Administrator.

(G) As an alternative to the provisions of § 1-212(A) through (F), the appointing judge of an official court reporter may also, on a temporary basis, either request from the Administrative Office of the Courts or designate other court personnel, as defined by § 1-204(A)(4), to operate digital recording equipment in his or her courtroom for the purpose of making the record of proceedings.

§ 1-212 amended June 9, 2010.

§ 1-213. Employment of substitute courtroom clerk.

In the event of the absence of a courtroom clerk, the appointing judge of such courtroom clerk may request from the Administrative Office of the Courts, any Nebraska Supreme Court employee meeting the competency requirements of § 1-204(E) to act as a substitute courtroom clerk. If such employee is not available, and where it would appear to not be practical or feasible to reassign an official court reporter on a temporary basis, the judge may designate a substitute reporter under the provisions of § 1-212 or, pursuant to § 1-201(A)(3), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of the courtroom clerk.

§ 1-213 adopted June 9, 2010.

§ 1-214. Leave applicable to official court reporters.

All leave, including holiday leave, vacation leave, sick leave, funeral leave, family leave, military leave, civil leave, injury leave, and workers' compensation disability leave, shall be taken as provided in the authorized leave policies of the Nebraska Supreme Court Personnel Policies & Procedures. Provided, however, that an official court reporter shall take vacation at the same time as or at the discretion of the appointing judge. If the reporter is permitted to take vacation at a time other than when the appointing judge takes vacation and the services of a substitute reporter are required by such judge, it shall be the obligation of the official court reporter taking vacation to arrange for the services of a substitute reporter at no cost to the State, unless otherwise determined by the State Court Administrator. The substitute reporter must have passed an examination at least as stringent as that described in § 1-204(B). The arrangement may not be implemented unless first approved by the State Court Administrator.

§ 1-213 renumbered to § 1-214 and amended June 9, 2010.

§ 1-215. Overtime applicable to official court reporters.

(A) Overtime for official court reporters shall be earned and compensated for as provided in the overtime policies in the Nebraska Supreme Court Personnel Policies & Procedures, except as otherwise provided by the Court Reporter Fair Labor Amendments of 1995, 29 U.S.C. § 270(o)(6) and these rules. Except in cases of emergency, no overtime shall be approved during a workweek in which the reporter has engaged in freelance transcription under § 1-211(B)(3).

(B) Any hours spent performing "freelance" transcription of court proceedings shall not be counted as "hours worked" for purposes of the overtime provisions of the Fair Labor Standards Act if:

(1) the reporter is being paid not less than maximum per page rate established by § 1-219, or the per page rate freely negotiated between the reporter and the party requesting the transcript (other than the judge who presided over the proceedings), and

(2) the hours spent performing such duties are outside the hours such reporter performs other work (including hours for which the court requires the reporter's attendance) pursuant to the employment relationship with the court; e.g., leave without pay, lunch hours, vacation leave, compensatory time off, or time where the reporter's attendance at any designated workplace is not required by the appointing judge, the judge's substitute, or the State Court Administrator.

§ 1-216. Nebraska Official Court Reporters Association.

There shall be an organization called the Nebraska Official Court Reporters Association, which shall consist of all official court reporters. This organization shall have as its purpose the improvement of court reporting in this state, by providing a forum for the exchange of ideas and to educate all reporters to more adequately and expeditiously handle the reporting needs of this state. The association shall adopt bylaws consistent with these rules, providing for the election of a president and such other officers as the association determines appropriate. The association shall have at least one meeting per year, which shall serve as an education seminar as provided by Judicial Branch Education, unless such annual meeting is canceled or suspended by order or direction of the Nebraska Supreme Court.

If the judge who appointed the reporter requires the presence of an official court reporter during the time of the educational seminar, a substitute may be designated to replace the official court reporter while attending the seminar. This shall be at state expense.

§ 1-217. Preparation and delivery of bill of exceptions or transcription by another official court reporter.

(A) In the event a bill of exceptions or transcription of a trial or proceeding is required after an official court reporter who reported the same has left his or her position, but who retains residency in this state, such bill of exceptions or transcription shall be prepared by that person, under the same requirements, time limitations, and rate of compensation as that in existence for official court reporters.

(B) In the event a bill of exceptions or transcription of some trial or proceeding is required after the official court reporter who reported the same has left his or her position, and who no longer is a resident of this state, such bill of exceptions or transcription shall be prepared by the successor reporter, provided the same method of recording court proceedings is employed by such successor reporter.

(C) There shall be established within the Nebraska Official Court Reporters Association a committee of official court reporters whose function will be, in the event the provisions of § 1-217(A) and (B) cannot be implemented, to prepare any bill of exceptions or transcription required.

(D) In the event a bill of exceptions or transcription of some trial or proceeding is required, but the official court reporter who reported the same is temporarily ill or disabled to the extent that delivery of the same would be unduly delayed, then the provisions of § 1-217(C) shall become effective.

(E) In cases where a bill of exceptions or transcription is prepared by an official court reporter who did not make the actual record in court, the certificate shall set forth that the bill of exceptions or transcription was prepared from the record made by the unavailable reporter, and that the bill of exceptions or transcription is full, true, and correct to the best of the preparing reporter's ability to compile such bill of exceptions or transcription.

§ 1-218. Other related policies.

The workplace harassment policy, the drug-free workplace policy, and travel policies apply to all court reporting personnel. Copies of these policies are available through the Administrative Office of the Courts and are also printed in the Nebraska Supreme Court Personnel Policies & Procedures manual.

§ 1-219. Per-page compensation.

Effective June 8, 2005, the per-page fee to which an official court reporter or privately contracted court transcriber is entitled, as prescribed by the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 25-1140.09, shall be $3.25 per page for an original copy of a bill of exceptions and 50 cents per page for each additional copy, with numbering to begin with the cover page.

§ 1-301. Statutory authority.

§ 1-302. Purpose.

The purpose of this rule is to establish standards for use of digital signatures by authorized personnel of the Nebraska Courts.

§ 1-303. Scope.

This rule shall apply to all Nebraska judges and court personnel authorized to use digital signatures. The use of digital signatures is not mandated by this rule but is available to authorized court personnel who wish to utilize this technology.

§ 1-304. Authorized court personnel.

For purposes of this rule governing the use of digital signatures, authorized court personnel shall be defined as, and limited to, the following persons only:

(A) Chief Justice and judges of the Nebraska Supreme Court,

(B) judges of the Nebraska Court of Appeals,

(C) district court judges,

(D) separate juvenile court judges,

(E) county court judges,

(F) workers’ compensation court judges,

(G) clerk of the Nebraska Supreme Court and Court of Appeals,

(H) clerks of the district court,

(I) clerk magistrates,

(J) clerk of the workers’ compensation court, and

(K) judicial administrators.

§ 1-304 amended February 2, 2012.

§ 1-305. Acceptable technology and practices.

For a digital signature to be valid for use under this rule, it must be created by technologies and practices that are accepted for use by the Nebraska Supreme Court and conform to the definitions set forth below:

(A) unique to the person using it;

(B) capable of verification;

(C) under the sole control of the person using it;

(D) linked to data in such a manner that if the data is changed, the digital signature is invalidated; and

(E) conforms to the rules governing use of digital signatures adopted and promulgated by the Nebraska Supreme Court.

§ 1-306. Terms of use.

Digital signatures may be used by authorized court personnel in the issuance of all documents produced:

(A) By the JUSTICE system or automated Docket application under the control of the JUSTICE system, including, but not limited to, orders and warrants.

(1) The JUSTICE system and the Docket application are maintained by the Nebraska Supreme Court for exclusive use by authorized court personnel.

(2) JUSTICE is the Nebraska Supreme Court’s Case and Financial Management System for Nebraska trial courts.

(3) Docket is a JUSTICE system application which provides interactive programs designed to record judicial proceedings in the courtroom thereby creating a printed record for a judge to digitally sign and issue an official document.

(B) By the Nebraska Workers’ Compensation Court Case Management System under the control of the Nebraska Workers’ Compensation Court, including, but not limited to, orders.

(1) The Nebraska Workers’ Compensation Court Case Management System provides interactive programs designed to support the court’s adjudicatory and administrative functions.

(2) The Nebraska Workers’ Compensation Court Case Management System is maintained by the Nebraska Workers’ Compensation Court for exclusive use by authorized court personnel.

(C) By the Appellate Courts Case Management System under the control of the Nebraska Supreme Court, including, but not limited, to orders. The Appellate Courts Case Management System is maintained by the Nebraska Supreme Court for exclusive use by authorized court personnel of the Nebraska Supreme Court and the Nebraska Court of Appeals.

(D) For all procedural and statutory purposes, a document with a digital signature by authorized court personnel shall have the same force and effect as a document with a manual or handwritten signature by the same authorized court personnel.

(E) Unauthorized use of any court’s case management system will invalidate the document which was issued through the unauthorized application.

(F) The designated original of any document is the case file copy with the digital signature affixed by the authorized court personnel and file stamped by the clerk.

§ 1-306(A)(2) and (C) amended February 2, 2012.

§ 1-307. Authority.

Only the Nebraska Supreme Court may promulgate rules governing the use of digital signatures for authorized court personnel. Any other rule, regulation, or policy now in effect purporting to govern the use of digital signatures by authorized court personnel is superseded by this rule.

§ 1-308. Local rules.

Each county court, district court, and the Nebraska Workers’ Compensation Court, by action of a majority of its judges, may from time to time recommend a local rule governing the use of digital signatures by authorized court personnel in each applicable judicial district and Nebraska Workers’ Compensation Court which is not inconsistent with this rule or inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Such recommended rule shall be submitted in writing and on a disk in a Microsoft Word compatible format. Any such recommended rule shall not become effective until approved by the Supreme Court and published in the Nebraska Advance Sheets.

Article 4: Disability Grievance Procedure.

§ 1-401. Scope and limitations.

Any person claiming to have been discriminated against by the Nebraska Court System on the basis of disability may use this grievance procedure. Use of this grievance procedure does not prohibit an employee of the Supreme Court from using the existing grievance procedures established in the Nebraska Supreme Court Personnel Policies and Procedures. Persons who use the grievance procedures set out in this policy should be aware that it may not extend the time limits for filing a complaint with the appropriate federal agency regarding their grievance. Use of this grievance procedure does not prohibit any person from filing a complaint with an appropriate federal entity or pursuing available remedies in court.

§ 1-402. Notice of incident or policy.

Any person aggrieved by an action of the Nebraska Court System relating to a disability should send a brief description of the incident or policy involved to:

§ 1-403. Acknowledging receipt of notice.

Upon receipt of the written complaint, the ADA coordinator will acknowledge in writing receipt of the complaint as soon as possible.

§ 1-404. Complaint; review; informal resolution.

The ADA coordinator, or his/her designee, will initially review issues involved in the complaint to determine whether or not an informal resolution of the complaint is possible, and if so, to arrange such a resolution. If an informal resolution is not possible, the complaint will be investigated to determine its validity. Within forty-five days of the receipt of the written complaint, a report of the conclusion reached will be prepared. This will include the options available to the Nebraska Court System to resolve the issues raised for the consideration of the State Court Administrator’s Office.

§ 1-405. State Court Administrator’s decision.

The State Court Administrator will initiate appropriate steps to implement decisions reached through this process. A written decision will be sent to the individual filing the complaint by the State Court Administrator detailing any actions or proposed actions taken by the agency. The written decision will be sent to the individual within 60 days of the agency’s receipt of the individual’s complaint.

§ 1-406. Additional remedies.

Nothing in this policy prevents any individual claiming to have a grievance under the ADA from contacting the Nebraska Court System ADA coordinator for assistance and informally pursuing resolution of problems that may arise.

§ 1-407. Deadlines; waiver by consent.

Any deadlines established in these procedures may be waived by written mutual consent.

§ 1-501. Introduction.

It is essential to the public that judges and judicial branch employees continue their education in order to maintain and increase their professional competence, to fulfill their obligations under the Nebraska Revised Code of Judicial Conduct, and to ensure the delivery of quality judicial services to the people of the State of Nebraska. These rules establish minimum requirements for judicial branch education for all Nebraska judges and judicial branch employees and allow for the education of those serving the courts as directed by the Supreme Court and Judicial Branch Education Advisory Committee.

§ 1-502. Administration and monitoring.

The Director of Judicial Branch Education (Director) shall administer the program of mandatory judicial branch education established by these rules. The Nebraska Judicial Branch Advisory Education Committee (Committee) shall formulate rules and regulations and may modify or amend the same subject to approval by the Supreme Court. All rules and regulations shall clearly state an effective date.

§ 1-503. Required continuing judicial branch education.

(A) Subject to § 1-503(C) and (D), all judges of the State of Nebraska, including judges of the Workers' Compensation Court, shall earn a minimum of 10 judicial branch education credits in each annual reporting period. Judges’ education must include five hours of education each year in a live setting, with faculty in the room, as long as Judicial Branch Education resources are sufficient to provide live educational programming. The balance of the annual hours may be obtained through qualifying distance learning. Clerk magistrates, probation officers, and official court reporters shall earn a minimum of eight judicial branch education credits in each annual reporting period. All other judicial branch employees shall attend judicial branch education programs as directed by the Supreme Court or the Committee. The Administrative Office of the Courts and Probation may require employees to attend educational programs in excess of the hours established above.

(B) Judicial branch education credits for each employee shall be reported to the Director in such form and manner as the Committee shall prescribe.

(C) A retired judge working more than 60 days (whether part or full days) per year in a judicial capacity shall be required to fulfill the judicial branch education requirements.

(D) The Committee may grant extensions of time to complete judicial branch education requirements for good cause shown. The press of business shall not be considered good cause.

§ 1-504. Requirements for individual course approval.

(A) The primary objective of judicial branch education is to increase the professional competence of judicial branch employees and to assist the employees in providing appropriate judicial branch services. Judicial branch education credits will be granted for a particular activity if the Committee determines that the activity meets the following standards:

(1) It constitutes an organized program of learning, including a lecture, workshop, or symposium, which contributes directly to the professional competency of the judicial branch employee;

(2) It pertains to subject matter having significant intellectual or practical content relating to the administration of justice or to the education of judges with respect to their professional or ethical obligations; and

(3) It is conducted or taught by individuals who have appropriate academic or practical skills to conduct the course effectively and who have special education, training, or experience. It provides each attendee with written course materials which substantively pertain to the subject matter of the program. The materials shall be of a quality and quantity which indicate that adequate time has been devoted to their preparation and will be of value to the attendees in their employment.

(B) During all courses, including those presented by telecommunications or utilizing other educational technologies, there should be an opportunity to ask questions of the course faculty. If a faculty member is not available either in person or via telephone, then a qualified commentator should be available to offer comment and answer questions in writing or via e-mail.

(C) Programs, seminars, or activities that cross professional lines, such as medical-legal programs or humanity programs, may be approved if the committee determines that the standards set forth herein are satisfied.

(D) The Principles and Standards of Nebraska Judicial Education are hereby adopted.

§ 1-504(B) amended April 13, 2011.

§ 1-505. Accreditation of sponsors and approval of programs.

(A) If the Committee is satisfied that a sponsor's program meets the requirements set forth in § 1-504, the Committee may accredit such sponsor and its program without formal application from such sponsor as required in § 1-505(B).

(B) An organization or person desiring accreditation as a sponsor of courses, programs, or other judicial branch education activities, not otherwise accredited by the Committee, may apply for accreditation to the Committee. The Committee shall accredit a sponsor if it is satisfied that the sponsor's program will meet the standards set forth in § 1-504.

(C) A sponsor wishing to apply for accredited-sponsor status shall submit to the Committee, on a form approved for that purpose, information on other judicial branch education programs offered during the 2 years immediately preceding the request for accredited sponsor status. If the sponsor has been offering judicial branch education courses for 5 years or less, the Committee may, at its discretion, request submission of course materials for inspection.

(D) The Committee may at any time reevaluate an accredited sponsor. If after such reevaluation the Committee finds there is cause for revocation of the accreditation of a sponsor, the Committee shall issue a show cause order why such accreditation should not be revoked and the Committee may, at its discretion, hold a hearing thereafter and may revoke the accreditation of the sponsor. If the Committee in its judgment concludes that a course fails to meet the standards for approval, it may deny or withhold approval for the course even though offered by an accredited sponsor.

(E) An organization or person, other than an accredited sponsor, desiring prior approval of a course, program, or other judicial branch education activity, or a judge or judicial branch employee of this State who desires to have such activity approved for judicial education branch credit prior to attendance, shall apply for approval to the Committee at least 45 days before the activity. The Committee shall approve or deny such application in writing within 30 days of receiving the application.

(F) A judge or judicial branch employee seeking credit for participation in an education activity for which credits were not approved in advance by the Committee shall, before or after the activity, submit to the Committee a written report which includes a brief resume of the activity; its dates, subjects, and instructors and their qualifications; and a copy of the program outline, brochure, or other documentation upon which the Committee can make a determination as to the credits to which the applicant is entitled. Within a reasonable time after receipt of the written report and accompanying materials, not to exceed 90 days, the Committee shall advise the judge or judicial branch employee in writing of the number of credits, if any, being granted.

(G) Credit will be given on a reciprocal basis to programs approved by continuing judicial education committees or continuing legal education committees of other jurisdictions on an hour-by-hour basis.

(H) During all courses, including those presented by telecommunications or utilizing other educational technologies, there must be an opportunity to ask questions of the course faculty. If a faculty member is not available either in person or via telephone, then a qualified commentator must be available to offer comment and answer questions directly, in writing, or via e-mail.

(I) Sponsors of courses who have been approved may announce in information brochures or registration materials: "Subject to the Nebraska Supreme Court Judicial Branch Education Rules, this course has been approved by the Judicial Branch Education Committee for a maximum of ___ credits." Sponsors of courses for which approval has been sought, but not yet received, may announce: "Application for judicial branch education credit approval of this activity in Nebraska is currently pending."

§ 1-506. Credit for participation.

(A) Judicial branch employees shall not be required to fulfill their mandatory education requirement until the end of their first full year of employment.

(B) Upon application, the Committee may award such credit as it determines for authorship of legal articles or books.

(C) The Committee may award up to 6 credits annually for preparation and speaking at an approved program or for preparing written materials which are distributed at an approved judicial branch education program. The credits shall be in addition to credits for attendance at the judicial branch education program.

(D) Questions regarding the appropriateness of awarding judicial branch education credit for attendance at judicial education programs not sponsored by Nebraska Judicial Branch Education, or requests for funding to attend such programs, shall be initially submitted to and resolved by the Judicial Branch Education Director. Denial of such credits or requests for funding by the Director may be reviewed by the Judicial Branch Education Advisory Committee.

(E) Judicial Branch Education credits shall not be given to judges for attendance at programs not sponsored by Nebraska Judicial Branch Education which do not adhere to ethical standards of the Nebraska Revised Code of Judicial Conduct, including, but not limited to, § 5-303.14. It is the responsibility of the individual judge who seeks to participate in a nonsponsored judicial branch education activity to ensure that the program agenda is appropriately balanced and that attendance at such program complies with the Nebraska Revised Code of Judicial Conduct.

(A) A judge who submits a false report for judicial branch education credits or who fails to correct an erroneous transcript of judicial branch education credits shall be reported to the Judicial Qualifications Commission for disciplinary proceedings. Other judicial branch employees who shall submit a false report for judicial branch education credits or who fail to correct an erroneous transcript of judicial branch education credits shall be subject to dismissal from employment or such other sanctions as believed appropriate by the Supreme Court pursuant to the Nebraska Supreme Court Personnel Policies and Procedures Manual.

(B) In the event a judge fails to comply with these rules, the Committee shall promptly notify the judge of the noncompliance by sending a notice thereof to the judge at the judge's principal place of office. The statement of noncompliance shall advise the judge that within 30 days a plan to correct the noncompliance must be submitted to the Committee for its consideration and approval. Should the judge fail to correct the noncompliance within a reasonable period of time, the Committee shall report the noncompliance to the Nebraska Judicial Qualifications Commission as a possible violation of § 5-302.0, Canon 2, of the Nebraska Revised Code of Judicial Conduct. Furthermore, the Supreme Court may enter an order requiring the judge to appear and show cause why sanctions should not be imposed by the Court against the judge for willful failure to comply with these rules of the Court.

(C) Should any judicial branch employee fail to comply with these rules for judicial branch education, the Committee shall promptly notify the individual of the noncompliance by sending a notice thereof to the individual at the individual's work address. The employee's supervisor shall also be notified of the noncompliance. The statement shall advise the individual that the noncompliance must be corrected within 30 days or a written plan to correct the noncompliance must be submitted to the Committee for its approval within 30 days. Failure of the individual to correct the noncompliance shall subject the individual to such sanctions as are permissible in the Supreme Court Personnel Policies and Procedures Manual including the possible termination of employment.

(D) Unless otherwise directed by the Supreme Court, the files, records, and proceedings of the Committee, as they may relate to or arise out of the failure of an individual to satisfy the minimum judicial branch education requirements established by these rules, shall be confidential and shall not be disclosed except in furtherance of the Committee's duties or upon request of the individual affected.

§ 5-107(B) amended December 22, 2010, effective January 1, 2011.

§ 1-508. Annual reporting.

The annual reporting period is a period of 1 year with the first period beginning on the first day of January after an individual becomes an employee of the judicial branch and continuing until the last day of December of each year.

§ 1-509. Computation of judicial branch education credit.

Credits for approved programs shall be awarded on the basis of 1 credit for each hour actually spent in attendance at approved or accredited judicial branch education activities. Partial credit may be earned on a 1/10 hour basis.

§ 1-510. Effective date.

These rules shall be effective on or after July 1, 2004. An implementation schedule for specific groups of judicial branch employees has been developed by the Director and will be followed in implementing the terms of this rule. Full implementation of mandatory judicial branch education is anticipated by fiscal year 2007-08, if resources permit.

Appointment by Chief Justice with the recommendation of the individual education committees.

The Supreme Court shall designate one of the members as chair and one member as vice chair who may serve in the event of disqualification or unavailability of the chair. Members serve staggered, renewable 3-year terms. The Committee shall convene not less than two times per year.

§ 1-511 amended April 14, 2010.

§ 1-512. Judicial Branch Education Advisory Committee; authority.

(A) Develop and review standards and administrative rules addressing such issues as the criteria for mandatory education for judges, criteria for approval of qualified activities, reporting requirements, sanctions for noncompliance, exemptions, and confidentiality of records for approval of the Court and incorporation into this rule. (See Appendix A.)

(B) Develop and review standards and administrative policies for education of all non-judge judicial branch employees including criteria for approval of qualified activities, reporting requirements, sanctions for noncompliance, and exemptions for the approval of the Court and incorporation into this rule. (See Appendix A.)

(C) Make recommendations to the State Court Administrator regarding budget requests and pursue grant funding.

(D) Develop policies regarding funding for travel and other related education expenses for all employees both in-state and out-of-state.

(E) Serve as a liaison to the various employee groups in the development of curriculum and participate in the design of specialized programming.

(F) Develop and host education for those serving the courts as directed by the Supreme Court and Judicial Branch Education Advisory Committee, and collect fees for such education to offset development costs.

(G) Participate in additional activities as assigned by the Supreme Court in order to promote excellence in the administration of justice through quality education.

Article 6: Judicial Nominating Commissions.

§ 1-601. Application process.

(A) Upon request to the judge chairperson of the appropriate Judicial Nominating Commission, the Clerk of the Supreme Court, or the State Court Administrator, an applicant for judicial appointment will receive a Judicial Vacancy Application Package which consists of instructions to the applicant, an application for judicial vacancy form, a copy of the Nebraska Revised Code of Judicial Conduct, a personal data sheet, and a copy of these rules. Such documents, which include “Fill-in” versions of necessary forms, may also be found at and downloaded from the Nebraska Judicial Branch Web site at http://supremecourt.ne.gov/forms.

(B) The application, including attachments, and the personal data sheet must be filed by mail or electronically by e-mail with the commission chairperson not later than 21 days prior to the date of the public hearing. The Fair Credit Reporting Act Disclosure Statement and the Waiver of Confidentiality form attached to the application must be signed and sworn to before a notary public. Such notarized documents may be electronically submitted as a scanned document, provided that the applicant retains possession of the original bearing the required signatures and notary stamps. An applicant for any judicial vacancy may be investigated to, among other things, verify the accuracy of information provided.

(C) Submission of the documents referred to above may be by regular mail to Nebraska Supreme Court, P.O. Box 98910, Lincoln, Nebraska 68509. In the alternative, such documents may be electronically submitted by scanning the Application (which includes the Fair Credit Reporting Act Disclosure Statement and the Waiver of Confidentiality form), the personal data sheet, and the legal writing sample; saving each document as a separate PDF file; and attaching each PDF file to an e-mail sent to nsc.jnc@nebraska.gov. It is recommended that the e-mail transmitting these documents requests acknowledgment of receipt.

(D) The personal data sheet is a confidential communication between the commission, its staff, and the applicant. However, any applicant's name forwarded to the Governor shall be accompanied by the application, personal data sheet, and results of any investigation conducted on behalf of the commission.

§ 1-602. Disqualification process.

(A) If a relationship between a commission member, or the Supreme Court member who chairs the commission, and an applicant falls into one of the following four categories, the commission member or chairperson shall recuse himself or herself from the commission:

(1) Any relationship to the applicant by blood or marriage by virtue of being the applicant's spouse, child, or spouse of a child. The commission member shall not be related to the applicant under the third degree of relationship test. The third degree of relationship test is defined as being the applicant's or the applicant's spouse's parent, grandparent, aunt, uncle, sibling, nephew, or niece, or spouse of any of these relatives. Additionally, the commission member shall recuse himself or herself in situations where the applicant and commission member are sharing or have shared a residence during the past 5 years.

(2) Any arrangement involving the practice of law or an employment relationship including, but not limited to, partnership, professional corporation, or office sharing within the past 5 years.

(3) Any relationship in which the commission member and applicant are actively engaged in managing a common profitmaking business or venture.

(4) Any instance in which the member of the commission would cast his or her vote on a basis other than an applicant's qualification for the office.

(B) If the person recusing himself or herself is the Supreme Court member who chairs the commission, the Chief Justice or the next senior judge shall request the Governor to appoint another member of the Court to chair such commission meeting.

(C) Any person may challenge the impartiality of a member or the chairperson of a judicial nominating commission. The challenge shall be in writing and directed to the Supreme Court member chairing such commission. If a challenge is raised regarding the impartiality of a member or the chairperson and the person so challenged declines to disqualify himself or herself, the unchallenged members of the commission shall rule on the challenge by a majority vote. Any such decision shall be attached to the information forwarded to the Governor and attached to the report submitted to the State Court Administrator.

(D) A violation of § 1-602(A) by a commission member will not constitute cause for rescission of a judicial nomination or reopening of the commission process.

§ 1-603. Commission deliberation.

(A) Each commission member will execute the official oath and a statement of understanding, attached hereto as exhibit A.

(B) Each commission member will be provided a Nebraska Judicial Nominating Commissioner's Handbook, the contents of which shall include the American Bar Association's Guidelines for Reviewing Qualifications of Candidates for State Judicial Office and a checklist of qualifications. The qualifications checklist will be used as a guide to provide uniformity in evaluating candidates.

(C) The commission is encouraged to hold private interviews with candidates prior to or following the public hearing.

(D) The list of applicants determined to be sufficiently qualified to hold the judicial position in question shall be submitted to the Governor in alphabetical order.

Exhibit A

Statement of Understanding of Ethical Considerations

In the performance of their duties, the judicial nominating commission members shall be ever mindful that they hold positions of public trust. No commission member shall conduct himself or herself in a manner which reflects discredit upon the judicial selection process or discloses partisanship or partiality in the consideration of applicants. Consideration of applicants shall be made impartially, discreetly, and objectively. A commission member shall disclose to the commission all personal and business relationships with a prospective applicant that may directly or indirectly influence his or her decision. After certification of a list of sufficiently qualified applicants to the Governor, no commission member shall attempt, directly or indirectly, to further influence the ultimate decision of the Governor. No attempt shall be made to rank such nominees whose names are made public or to otherwise disclose a preference of the commission.

In accordance with the above ethical considerations, I will accept the following responsibilities:

1. I will disclose any conflict of interest that I may have with any of the applicants.

2. I will avoid preselection of nominees, "hidden agenda," or consideration of factors other than the merit of the applicants.

3. I agree not to discriminate against any applicant because of the applicant's race, religion, gender, political affiliation, age, or national origin.

4. I will not divulge any of the applicants' confidential information or the commission's deliberations except as provided by the Judicial Nominating Commission rules.

Exhibit A amended December 21, 1994.

Article 7: Office of Dispute Resolution.

§ 1-701. Appointment of advisory council.

Procedures for filling yearly advisory council vacancies shall be set forth in the policy manual of the Office of Dispute Resolution.

§ 1-702. Meetings of the advisory council.

Procedures for regular council meetings and task force meetings shall be defined in the policy manual of the Office of Dispute Resolution.

§ 1-703. Responsibilities of the director.

The director's responsibilities regarding such areas as center information development, application, and reporting, as well as the general areas of program budgeting, sliding scale fees, public awareness, and training, shall be defined in the policy manual of the Office of Dispute Resolution.

§ 1-704. Application for center approval of funding.

An application for funding by a center must include all the statutory requirements: plan of operation, objec­tives, population served, administrative organization, record-keeping procedures, mediator ­qualifications, annual budget, and proof of nonprofit status. Specific application requirements are set forth in the policy manual of the Office of Dispute Resolution.

§ 1-705. Procedures for approved centers.

All centers must have clearly established procedures in the following areas: permanent files, numbered case files, center forms and records, mediation training, mediation payment, center fees, accounting system, compliant procedures, and divorce policies. Specific procedure requirements are defined in the policy manual of the Office of Dispute Resolution.

§ 1-706. Center reports.

The center will report quarterly to the Office of Dispute Resolution. The annual report will be a summation of the quarterly reports in that year. Reporting forms may be supplied by the Office. Information for the reports should include the following: referral source, outcomes of cases, types of cases, participant evaluations, cost of sessions, and outreach. These areas are defined in the policy manual of the Office of Dispute Resolution.

§ 1-707. Grievance procedures.

Complaints may be made directly to a center or to the Office of Dispute Resolution. Grievance procedures pursuant to the policy manual of the Office of Dispute Resolution shall be followed.

Article 8: Public Access to Electronic Court Information.

(Interim Policy on Public Access to Court Information adopted November 13, 2003. Renumbered and codified as Neb. Ct. R. §§ 1‑801 to 1‑810, effective July 18, 2008. Revised and adopted as permanent policy on May 15, 2013.)

§ 1-801. Purpose of policy.

The purpose of this policy is to set forth the method to access summary trial court records, which shall be allowed only by means of Public Access, Remote Access, and Compiled Information, as set forth below.

§ 1-801 amended May 15, 2013.

§ 1-802. Definitions.

(A)Trial Courts are District Courts, County Courts, and Separate Juvenile Courts.

(B) In Electronic Form means information which exists as data in the fields or files of an electronic database.

(C) Case Management System (CMS) is computer system designed to monitor and track court filings and events, and to account for all financial information in that case. JUSTICE is the case management system developed and maintained by the State Court Administrator’s Office.

(D) Public includes:

(1) any person and any business or non-profit entity, organization, or association;

(2) any governmental agency for which there is no existing policy defining the agency’s access to court records;

(3) media organizations; and

(4) entities which gather and disseminate information for whatever reason, and regardless of whether it is done with the intent of making a profit, without distinction as to the nature or extent of access.

(E) Public does not include:

(1) court or clerk of court employees;

(2) people or entities, private or governmental, who assist the court in providing court services;

(3) public agencies whose access to court records is defined by another statute, rule, order, or policy; and

(4) the parties to a case or their lawyers regarding access to the court record in their case.

(F) Public Access means the public can inspect and obtain a copy of the information in a court record.

(G) Remote Access means the ability to electronically search, inspect, or copy information in a court record without the need to physically visit the court facility where the court record is maintained.

(H) Bulk Distribution means the distribution of all, or a significant subset, of the information in court records, as is and without modification or compilation.

(I) Compiled Information means information derived from the selection, aggregation, or reformulation of selected information from more than one individual court record.

§ 1-802(D) and (E) amended May 15, 2013.

§ 1-803. Public access to court records.

Every member of the public may access the same information from the same records except as otherwise specifically provided. Stated differently, every public user will see the same information.

§ 1-804. General access rule.

Information in a court record is accessible to the public unless prohibited by this policy or applicable laws.

§ 1-805. Public access to electronic court records.

The following records in a court Case Management System may be accessed via the Internet unless public access is restricted by law, court rule, or this policy.

(A) Litigant/party indexes to cases filed with the court;

(B) Summary information about each case including the names of the parties;

(C) Registers of actions describing the documents filed in a case;

(D) Calendars of court proceedings, including the case number, caption, date, time, and location of scheduled hearings;

(E) Summary information about judgments, orders, or decrees in a case.

§ 1-806. Bulk distribution of court records.

Bulk distribution of court records in electronic form is not allowed except to preserve records and comply with courts’ records retention schedules.

§ 1-807. Requests to compile court record information.

Requests to compile court information will be considered only when the public interest will be served through significant scholarly, governmental, research, evaluation, or statistical purposes. Applications should be directed to the Court Records Contact.

§ 1-809. When court records are available.

(A) Court records will be available for public access in the courthouse during regular office hours.

(B) Court records in electronic form which can be accessed remotely will be available for access at least during the hours established by the court for courthouse access, subject to unexpected technical failures or normal system maintenance.

(C) Upon receiving a request for access to information, the court will respond within a reasonable time regarding the availability of the information and provide the information within a reasonable time.

§ 1-810. Fees for access.

The Nebraska Supreme Court may establish fees for remote access to JUSTICE records.

Article 9: State Library.

§ 1-901. General use.

The general public may use at the library premises and during regular library hours the material housed in the Nebraska State Library and may, at the user's expense, photocopy library materials in accordance with the copyright laws, utilizing photocopy equipment located on the library premises.

§ 1-902. Special use.

(A) State Senators, Justices of the Supreme Court, Judges of the Court of Appeals, Directors of State agencies, and the Attorney General, and members of their respective staffs, may check out and use away from the library premises for a period of no more than 10 days any material required in the performance of their duties; provided, however, that the librarian shall call for its return sooner if the material checked out is needed by a State Senator, Justice of the Supreme Court, or Judge of the Court of Appeals.

(B) Unless return is requested sooner by the librarian, the following material may be checked out from the library and used away from the library premises by members of the Nebraska State Bar Association for a period of not more than 5 days:

§ 1-903. Checkout procedures.

The librarian shall devise a checkout system which ensures that the identity of the material checked out and the name, address, and telephone number of the user who checked it out are known at all times.

§ 1-904. Renewals.

Checkout of materials specified in § 1-902(B) may be renewed for one additional 5-day period, unless the material is called for by the librarian. Checkout of materials specified in § 1-902(C) may not be renewed.

§ 1-906. Public computers and internet access.

(A) Purpose. The Nebraska State Library provides current, comprehensive, and efficient resources for legal information, allowable within its budget, to the Nebraska Judiciary, the legal community, and the public. The purpose of this rule is to ensure that Nebraska State Library users have reasonable access to the library’s electronic resources while respecting the rights of others.

(B) Disclaimer. Patrons access Nebraska State Library computers at their own risk. Legal information may be inaccurate, out of date, or incomplete. Users of the computers are encouraged to exercise caution and critical judgment in evaluating the validity of information accessed via the Internet. Users of the library computers shall have no expectation of privacy while using the resources. The Nebraska State Library assumes no responsibility for damages, direct or indirect, arising from the use of the computers.

(C) Acceptable uses.

(1) Nebraska State Library public computers and Internet access are provided to conduct legal research or to retrieve federal, state, or local government documents.

(2) E-mail accounts may be used to send legal research results to the user's home or office.

(3) More than one person may share a computer terminal as long as it is by mutual agreement and their behavior and conversation do not disturb other library users or library staff.

(4) Children under the age of 18 may use the computers to research a legal issue only with the permission of library staff.

(D) Unacceptable uses.

(1) Nebraska State Library computers may not be used for any purpose that violates federal, state, or local laws, including violation of applicable laws pertaining to intellectual property.

(2) Nebraska State Library computers may not be used to add, modify, change, alter, damage, download, save, upload, evade, or otherwise interfere or change any established computer hardware, software, security, or other computer system.

(3) Nebraska State Library computers may not be used for non-research purposes, such as e-mail, chat rooms, games, pornography, commercial activities, solicitation of funds, or product sales.

(4) Nebraska State Library computers may not be used to engage in any illegal purpose, including, but not limited to, hacking, misrepresentation, harassment, slander, or the intimidation or threatening of another person or entity.

(5) Nebraska State Library computers may not be shut off or restarted by users.

(E) Time. Terminals are available on a first come, first serve basis. Research periods are limited to 30 minutes if someone is waiting to use the terminal. Users are requested to be considerate of the patrons waiting to use the terminal.

(F) Right to Privacy. All library users are expected to respect the privacy of those using the Nebraska State Library public computers and not interfere with their use. Public computer workstations are located in open areas where others may see words or images that appear on the computer monitors. Users must be aware that this public environment precludes any guarantee of privacy.

(G) Printing. Printing costs 10 cents per printed page. Printed materials may be picked up and paid for at the library's front desk.

(H) Enforcement of Policy. Users who engage in illegal activities on the Internet will be reported to the appropriate authorities. Failure to use Nebraska State Library public computers and Internet access appropriately and in accordance with this rule may result in:

(1) Suspension of equipment use privileges; and/or

(2) Suspension of access to the Nebraska State Library.

Each Library staff person has the authority and responsibility to enforce this rule.

For the purpose of accurately assessing post-program recidivism across justice programs, Nebraska State Probation and Nebraska Problem-Solving Courts shall utilize the following uniform definitions of recidivism for all adults and juveniles within their respective programs.

(A) Adults:

As applied to adults, recidivism shall mean a final conviction of a Class I or II misdemeanor, a Class IV felony or above, or a Class W misdemeanor based on a violation of state law or an ordinance of any city or village enacted in conformance with state law, within 3 years of being successfully released.

(B) Juveniles:

(1) As applied to juveniles, recidivism shall mean that within 1 year of being successfully released from a probation or problem-solving court program the juvenile has:

(b) for a juvenile 14 years or older, a final conviction for a Class W misdemeanor based on a violation of state traffic laws or ordinances of any city or village enacted in conformance with state law; or

(c) a prosecution and final conviction as an adult for any crimes set forth in subsection (A) above.

(2) For juveniles that age out of the juvenile system within 1 year of program exit and who did not recidivate post-program as juveniles, the adult definition of post-program recidivism, including any drug-related or alcohol-related conviction, shall apply.